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  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Default No Due Process

    I am currently being sued by a liability corporation in the state of Maryland for a vehicle loan. The loan was taken out in 1999 and the vehicle was repossessed in July 2002. The vehicle was subsequently sold at public auction in September 2002. At the time of repossession, the primary account holder received a 'Right to Redemption' letter but opted not to retrieve the vehicle. In 2003 I moved from one city to another within the state of Maryland. I changed my address with the postal service the motor vehicle administration. In August 2007, I received a summons to appear in court. I advised the judge that I did not even know who the plaintiff in the case was as I have never received anything outside of the court summons. The judge ordered the plaintiff to provide me with interrogatories and set a new court date. I answered the plaintiff’s questions and explained that being the co-signer; I was not aware of this bill and had not received anything from the former finance company or the plaintiff. I provided the plaintiff with the primary account holders name and current address with hopes that they could settle the account. At the second court date, the primary account holder appeared and advised the judge that he had not received any notification of the account since 2002. The judge verified that the file showed that documentation was never received by the primary to support the claim. We also found that the original finance company sold the account to the liability corporation in 2004. The liability company did not try to reach the primary account holder nor myself to resolve the bill. A new court date has been set for February 2008. The liability corporation is seeking $17600.00 which includes the balance of the original loan plus interest and fees. The initial balance on the account was $9880 and the vehicle was sold at auction for $3400. The current amount that the plaintiff is seeking is egregious and a blatant violation of due process.
    Any legal advice you can provide would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No Due Process

    Was the contract under seal? It seems like you would have a statute of limitations defense.

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Default Re: No Due Process

    Quote Quoting Mr. Knowitall
    View Post
    Was the contract under seal? It seems like you would have a statute of limitations defense.
    I'm not sure as I cannot tell that from the paperwork. The agreement was a 'Simple Interest Motor Vehicle Contract Agreement' with the basic terminology.

  4. #4
    Join Date
    Dec 2007
    Posts
    3

    Default Re: No Due Process

    After further research, it looks like the contract was not under seal.

    Thanks.

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